25 U.S.C. § 1621d

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1621d - Other authority for provision of services
(a) Definitions

In this section:

(1) Assisted living service

The term "assisted living service" means any service provided by an assisted living facility (as defined in section 1715w(b) of title 12), except that such an assisted living facility-

(A) shall not be required to obtain a license; but
(B) shall meet all applicable standards for licensure.
(2) Home- and community-based service

The term "home- and community-based service" means 1 or more of the services specified in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) 1 that are or will be provided in accordance with applicable standards.

(3) Hospice care

The term "hospice care" means-

(A) the items and services specified in subparagraphs (A) through (H) of section 1395x(dd)(1) of title 42; and
(B) such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care.
(4) Long-term care services

The term "long-term care services" has the meaning given the term "qualified long-term care services" in section 7702B(c) of title 26.

(b) Funding authorized

The Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in section 1602 of this title through health care-related services and programs not otherwise described in this chapter for the following services:

(1) Hospice care.
(2) Assisted living services.
(3) Long-term care services.
(4) Home- and community-based services.
(c) Eligibility

The following individuals shall be eligible to receive long-term care services under this section:

(1) Individuals who are unable to perform a certain number of activities of daily living without assistance.
(2) Individuals with a mental impairment, such as dementia, Alzheimer's disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision.
(3) Such other individuals as an applicable tribal health program determines to be appropriate.
(d) Authorization of convenient care services

The Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in section 1602 of this title for convenient care services programs pursuant to section 1637(c)(2)(A) of this title.

1 See References in Text note below.

25 U.S.C. § 1621d

Pub. L. 94-437, title II, §205, as added Pub. L. 102-573, title II, §206(a), Oct. 29, 1992, 106 Stat. 4548; amended Pub. L. 111-148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.

EDITORIAL NOTES

REFERENCES IN TEXTThe Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(2), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.This chapter, referred to in subsecs. (b) and (d), was in the original "this Act", meaning Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

CODIFICATIONAmendment by Pub. L. 111-148 is based on section 124(a)(1) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111-148.

PRIOR PROVISIONSA prior section 1621d, Pub. L. 94-437, title II, §205, as added Pub. L. 100-713, title II, §203(c), Nov. 23, 1988, 102 Stat. 4807, related to Native Hawaiian health promotion and disease prevention, prior to repeal by Pub. L. 100-579, §14, formerly §10, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100-690, title II, §2310, Nov. 18, 1988, 102 Stat. 4229; renumbered §14, Pub. L. 102-396, title IX, §91689168,, 106 Stat. 1948. See section 11701 et seq. of Title 42, The Public Health and Welfare.

AMENDMENTS2010- Pub. L. 111-148 amended section generally. Prior to amendment, section related to hospice care feasibility study.

Indian tribe
The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Service
The term "Service" means the Indian Health Service.
health promotion
The term "health promotion" means any activity for-(A) fostering social, economic, environmental, and personal factors conducive to health, including raising public awareness regarding health matters and enabling individuals to cope with health problems by increasing knowledge and providing valid information;(B) encouraging adequate and appropriate diet, exercise, and sleep;(C) promoting education and work in accordance with physical and mental capacity;(D) making available safe water and sanitary facilities;(E) improving the physical, economic, cultural, psychological, and social environment;(F) promoting culturally competent care; and(G) providing adequate and appropriate programs, including programs for-(i) abuse prevention (mental and physical);(ii) community health;(iii) community safety;(iv) consumer health education;(v) diet and nutrition;(vi) immunization and other methods of prevention of communicable diseases, including HIV/AIDS;(vii) environmental health;(viii) exercise and physical fitness;(ix) avoidance of fetal alcohol spectrum disorders;(x) first aid and CPR education;(xi) human growth and development;(xii) injury prevention and personal safety;(xiii) behavioral health;(xiv) monitoring of disease indicators between health care provider visits through appropriate means, including Internet-based health care management systems;(xv) personal health and wellness practices;(xvi) personal capacity building;(xvii) prenatal, pregnancy, and infant care;(xviii) psychological well-being;(xix) reproductive health and family planning;(xx) safe and adequate water;(xxi) healthy work environments;(xxii) elimination, reduction, and prevention of contaminants that create unhealthy household conditions (including mold and other allergens);(xxiii) stress control;(xxiv) substance abuse;(xxv) sanitary facilities;(xxvi) sudden infant death syndrome prevention;(xxvii) tobacco use cessation and reduction;(xxviii) violence prevention; and(xxix) such other activities identified by the Service, a tribal health program, or an urban Indian organization to promote achievement of any of the objectives referred to in section 1602(2) of this title.
tribal health program
The term "tribal health program" means an Indian tribe or tribal organization that operates any health program, service, function, activity, or facility funded, in whole or part, by the Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1